1997 City Charter-Updated Sept. 24, 1997

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CHAPTER 11 PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.1. Acquisition and Operation of Utilities. The city may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service, or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose, and may acquire any existing utility properties so needed; but such action shall only be taken by ordinance, which shall not be an emergency ordinance. The operation of all public utilities owned by the city shall be under the supervision of the city council. Section 11.2. Rates and Finances. The council may, by ordinance, fix rates, fares and prices for municipal utilities, but such rates, fares and prices shall be just and reasonable. The council shall make each municipal utility financially self-sustaining. Before any rates, fares or prices for municipal utilities shall be fixed by the council, the council shall hold a public hearing on the matter in accordance with Section 11.6 of this chapter. The council shall prescribe the time and the manner in which payments for all such utility services shall be made, and may make such other regulations as may be necessary, and prescribe penalties for violations of such regulations. Section 11.3. Purchase in Bulk. The council may, in lieu of providing for the local production of gas, electricity, water and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Before such rates are fixed by the council, the council shall hold a public hearing on the matter in accordance with Section 11.6 of this chapter. Section 11.4. Lease of Plant. The council may, if the public interest will be served thereby, contract with any responsible person, co-partnership or corporation for the operation of any utility owned by the city upon such rentals and conditions as it may deem necessary; but such contract shall not be an emergency ordinance. In no case shall such contract be for a longer term than ten years. Section 11.5. Public Utility. How Sold. No public utility owned by the city shall be sold or — otherwise disposed of by the city unless the full terms of the proposition of said sale or other disposition thereof, together with the price to be paid therefore, shall be embodied in an ordinance approved by a majority of the registered voters voting thereon at a general or special election. Before such ordinance is submitted to a vote, the council shall hold a public hearing on the matter in accordance with Section 11.6 of this chapter. Section 11.6. Notice of Public Hearing. Notice of public hearing required by this chapter shall be published at least once in the official newspaper and in the city newsletter at least ten days prior to the date of the hearing. Failure to publish said notice or any defect in said notice shall not invalidate the notice. However, the correction(s) must be published at the earliest practical time. 21